Legal Opinion
People v. Buchholz
Criminal Court of the City of New York
Decided August 12, 2016Published
1Opinion of the Court
OPINION OF THE COURT
Armando Montano, J.
*564The motion by defendant for an order dismissing the accusatory instrument on the grounds that Penal Law § 265.01 (1) violates his right to keep and bear arms under the Second Amendment is denied.
Defendant is charged with criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]) arising from his alleged possession of a gravity knife.
In accordance with CPLR 1012 (b) and Executive Law § 71, defendant provided the Attorney General with requisite notice of the instant challenge to the constitutionality of Penal Law § 265.01 (1). By letter…
2Cases cited13 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- McDonald v. City of ChicagoSupreme Court of the United States · 2010
- Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
- New York State Rifle & Pistol Ass'n v. CuomoCourt of Appeals for the Second Circuit · 2015
- Caetano v. MassachusettsSupreme Court of the United States · 2016
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